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Ups Agency Agreement

12.6 Applicable legislation; Jurisdiction and language. To the extent permitted by law, this agreement is subject to the laws of the State of Georgia, United States of America, and is interpreted accordingly, excluding (1) the principles of the law of conflict; (2) the United Nations Convention on International Goods Contracts; (3) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (4) the protocol for amendment to the 1974 convention, signed in Vienna on 11 April 1980. The parties state that they have required that the agreement and all documents related to this agreement, whether current or future, be written only in English. The parties declare that they require that this agreement and all related documents, either for the present or future, be written in English only. To the extent permitted by law and in accordance with the conclusion of a valid binding agreement, the dominant language of this agreement is English and any translation you have received has been provided exclusively at your convenience. To the extent permitted by law, all correspondence and communications between you and UPS must be made in English under this contract. If you have reached this agreement to display a translated version of this agreement in a language other than American English, you can view the English version of this agreement in the United States by clicking here. THE EXCLUSIVE RIGHT FOR EVERY ACTION TO THIS CONTRAT (WHETHER FOR BREACH OF CONTRACT, TORT OR OTHERWISE) SHALL BE A FEDERAL OR STATE COURT IN ATLANTA, GEORGIA, AND THE PARTIES HEREBY CONSENT TO SUCH EXCLUSIVE JURISDICTION AND IRREVOCABLY WAIVE AND IN NOT ASSERT ANY DEFENSES BASED ON LACK OF IN IN IN THE above, the parties may, if and to the extent that a separate proceeding is required to enforce a judgment of the atlanta, Georgia, court, or in some other way, as necessary to allow for complete relief and a complete solution to all contentious issues, to initiate such a separate or complementary procedure at a later date within such a U.S. or foreign jurisdiction.

, and the parties herein accept the non-exclusive jurisdiction of such a tribunal and refrain from any defence based on a lack of jurisdiction, an incorrect jurisdiction or an uncomfortable forum. Without prejudice to the contrary, UPS is entitled to interim protection or interim measures before a competent court. They accept the admissibility of computer records and electronic evidence in all disputes that are contested. This agreement includes (1) these terms and conditions of sale (including Schedule A (Definitions – Terms of Sale); (2) end-user rights available here (including Schedule A (definitions – end-user rights), Appendix B (UPS technology) and Appendix C (authorized territory) (as such, end-user rights may change from time to time depending on their conditions); and (3) the documents mentioned in one of the previous documents, all taken up by reference.

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